In a recently rendered opinion, Judge Ben W. “Bud” Childers’ decision to dismiss a criminal prosecution without the District Attorney’s consent was overturned.

Justice Laura Carter Higley spoke for a unanimous three-judge panel in saying “Neither the trial court [Judge Childers] nor appellee [the defendant], at trial or on appeal, has identified what specific authority allowed the trial court to dismiss the charge against appellee without the consent of the State.” The appellate court went on to say that there was no common-law, statutory or constitutional authority supporting the trial court’s grounds for dismissal.

The criminal defense lawyer had filed a motion to dismiss on the day of trial, which the judge granted over the prosecutor’s objection. The Fort Bend County District Attorney’s Office then appealed Judge Childers’ decision to the First Court of Appeals under the theory that the law only recognizes a limited number of reasons that a court can dismiss a case without the consent of the State, and none existed in this instance.

District Attorney John Healey was pleased with the Court of Appeals decision.